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Il saggio analizza la fattispecie del giustificato motivo oggettivo di licenziamento e i connessi rimedi (art. 18 post riforma '"Fornero" e d.lgs. 23/2015), ed evidenzia la lettura 'liberista' operata dalla giurisprudenza. The essay analyses individual dismissals for economic grounds and related remedies (art. 18 Workers' Statute after "Fornerno" reform and legislative decree no. 23/2015), and it highlights the neoliberal reading made by labour courts.

Il saggio analizza la risposta dell’ordinamento intersindacale all’emergenza epidemiologica da Covid-19 in materia di salute e sicurezza nei luoghi di lavoro attraverso una disamina del Protocollo del 24 aprile 2020, e delle prime applicazioni contrattualcollettive. Tecnicismi a parte, lo studio sottolinea come le misure pattuite dalle parti sociali specificano ed integrano gli obblighi inderogabili e generali di legge in materia di salute e sicurezza. Infine, il saggio si interroga sulla compatibilità tra meccanismi di contact tracing e privacy all'insegna di una prospettiva multi-livello. The essay focuses on the recent measures undertaken by social partners against Covid-19 in the field of health and safety in the working place, throughout an analisis of the Protocol of 24 April 2020, and the first developments contained in sectoral and company agreements. Despite the technicalities, the paper pinpoints that the measures agreed by social partners specify and complement the general and minimum rules set by legislation. Eventually, the current work deals with contact tracing mechanisms and their compatibility with personal data protection principles under a multi-level perspective.

Il saggio analizza in chiave critica le misure di sostegno al reddito predisposte dal Governo al fine di proteggere i lavoratori dalle ricadute economiche derivanti dalla sospensione del rapporto di lavoro a causa dell'emergenza epidemiologica

The essay makes a comment on the articles 54, 55 and 56 of the Act of the legislative provisions on the protection and support of maternity and paternity

According to the opinion accepted by most, labour law was born in the late nineteenth century in connection with the production processes delivered by the Industrial Revolution. Its genesis follows the paradigm for which is the main feature of this new production model to generate both socioeconomic and legal subordination. So, keeping this basic assumption, a research that wanted to investigate the origins of the employment, back-links from this period, it seems to stand outside of the legal framework that constitute generally its reference system. For the same reason, also the new post-industrial work organisation in the era of globalisation, although for different reasons and yet paradoxical, it tends to stand outside the natural riverbed of labor law and it tends to breaking free from it. This is the reason why there is the current tendency to talk about the labor market law, jobs law, job protections, rather than labour law and employment law. You can not escape that in every age, however, the concern of the law has been, and it always is, to assign the protection to who, by himself, that protection can not give it to himself. Well, this situation is an essential common need of the labour law both pre-industrial and industrial and post-industrial. Thus, the basic concerns of labour law in the era of globalisation are not different from those of previous eras. Let's change the superstructure of utilisation / exploitation of the labor of others - and correspondingly the legal structures that govern them - but it do not change the structures on which those forms are inserted; - in fact, at the root of it all there is the person, in one of its many most qualifying natural phenomena: that of work. Now, the Bible (both the Hebrew and Christian, in its different denominations) is - of course - a common humus to the whole so called the West and - in part - even to the Islam. As you know, the inextricable intertwining of theological requirements with social requirements, that are typical of theocratic societies, on the one side whether it does not make it easy to distinguish the one from the other (even supposing that such hermeneutic approach it can be useful and accessible); on the other side it might help to identify protection structures that, as referring to man in his relationship with creation - ( in the secular sense for non-believers ) and the creator - could likely to be erected to universal rules, without space or time, rules good to delineate the outer limits of regulation of employment at any time and any where. The purpose of this research is to catalogue the biblical texts - notably in a first phase those which are in the first (or old) testament of the Christian Bible - which contain both prescriptive structures and pathways, designed to protect the position of social weakness and minority of the worker, understood in its broadest sense and in its various and diverse facets: of worker, of salaried, of servant, even of slave, and so on. The starting point and most immediate objective of this work is therefore to find the biblical sources - and to get ready one first critical apparatus - which they refer to, directly or indirectly, to work in broad sense, that is a personal relationship in which one of the two subjects of it, is in a position of weakness, comparable to that which the Bible considers typical for orphans , widows, the poor and in some respects for foreigners: a one word the Weaks.

The paper critically addresses the origins of flexicurity and argues that it lacks an archetypical definition, especially in the formulation of the EU Commission. Hence, the paper, basing on a multidisciplinary literature, considers flexicurity as any balance between flexibility and security and, therefore, proposes ordering any set of contracts, providing the same balance and with the same regulatory framework, in “communities”. It is assumed, therefore, that communities can differ either in terms of a “protective” trade-off, where the differential is not a surrogate measure of security, or in terms of an economic trade-off, where it is met by the provision of social insurance or security. One of these sets is called community 0 and it corresponds to undeclared work, not only illegal, but also completely devoid of security and fully flexible. After identifying from ILO, EU and constitutional sources the foundation of the “incompressibility” of rights which guarantee decent work, the paper likens decent work to a public good of general interest, in the same way as laws generally recognize the natural environment. On the basis of this comparative axiom, the paper proposes considering the dispersion of security produced by undeclared work as “un-decent” work and, therefore, as a form of “pollution”. Because an environment can be little or very polluted, the paper proposes considering as social pollution any form, even legal, of security leakage - such as that induced by the precarious and atypical jobs. Any form of employment is, therefore, considered in an nth community and every community is ordered from the least secure to the most secure, using as tertium comparationis standard employment, which is itself a point of balance between flexibility and security, and it is therefore a community of flexicurity. In this way, each community expresses a degree of social participation in environmental pollution: from the maximum produced by undeclared work to the minimum produced by labour standard. The adopted economic approach allows defining this pollution as a negative externality and, therefore, refer to its contrast in terms of internalization. Among the techniques of internalization, the preferred one is the Pigovian tax, because it can overcome the difficulties associated with the identification of taxable income in the undeclared work and in the informal sector. It has been observed, in fact, that the insurance mechanism creates a regressive effect on the competitiveness of labour standards, making it less competitive in favour of precarious and atypical work and, thus, triggering a vicious cycle that increases social pollution. In this way, it is believed that on one hand you lose your interest in hiding most of the black job. On the other hand, a mechanism would be enforced that forces polluters to contribute to the financing of the security needed to address the pollution created. Because of the adopted ordering of communities, this positive effect would also impact on precarious forms of employment and atypical work in proportion to the security dispersed

According to the opinion accepted by most, labour law was born in the late nineteenth century in connection with the production processes delivered by the Industrial Revolution. Its genesis follows the paradigm for which is the main feature of this new production model to generate both socioeconomic and legal subordination. So, keeping this basic assumption, a research that wanted to investigate the origins of the employment, back-links from this period, it seems to stand outside of the legal framework that constitute generally its reference system. For the same reason, also the new post-industrial work organisation in the era of globalisation, although for different reasons and yet paradoxical, it tends to stand outside the natural riverbed of labor law and it tends to breaking free from it. This is the reason why there is the current tendency to talk about the labor market law, jobs law, job protections, rather than labour law and employment law. You can not escape that in every age, however, the concern of the law has been, and it always is, to assign the protection to who, by himself, that protection can not give it to himself. Well, this situation is an essential common need of the labour law both pre-industrial and industrial and post-industrial. Thus, the basic concerns of labour law in the era of globalisation are not different from those of previous eras. Let's change the superstructure of utilisation / exploitation of the labor of others - and correspondingly the legal structures that govern them - but it do not change the structures on which those forms are inserted; - in fact, at the root of it all there is the person, in one of its many most qualifying natural phenomena: that of work. Now, the Bible (both the Hebrew and Christian, in its different denominations) is - of course - a common humus to the whole so called the West and - in part - even to the Islam. As you know, the inextricable intertwining of theological requirements with social requirements, that are typical of theocratic societies, on the one side whether it does not make it easy to distinguish the one from the other (even supposing that such hermeneutic approach it can be useful and accessible); on the other side it might help to identify protection structures that, as referring to man in his relationship with creation - ( in the secular sense for non-believers ) and the creator - could likely to be erected to universal rules, without space or time, rules good to delineate the outer limits of regulation of employment at any time and any where. The purpose of this research is to catalogue the biblical texts - notably in a first phase those which are in the first (or old) testament of the Christian Bible - which contain both prescriptive structures and pathways, designed to protect the position of social weakness and minority of the worker, understood in its broadest sense and in its various and diverse facets: of worker, of salaried, of servant, even of slave, and so on. The starting point and most immediate objective of this work is therefore to find the biblical sources - and to get ready one first critical apparatus - which they refer to, directly or indirectly, to work in broad sense, that is a personal relationship in which one of the two subjects of it, is in a position of weakness, comparable to that which the Bible considers typical for orphans , widows, the poor and in some respects for foreigners: a one word the Weaks.

This paper aims to address the issue of effective protection of workers employed both in black and irregular work. This is an area in which the traditional tools of evidence in civil lawsuit are insufficient and ineffective, with reference to the evidence of the existence of an undeclared employment, although enhanced in the work's lawsuit where the Court can order proofs itself both typical and atypical itself (art. 421 C.P.C.). The labour reforms of the last two years (20102012) have profoundly reduced the efficiency of the labour lawsuit, already weakened from the ineffectiveness of the Italian judicial system. Particular attention arouses the introduction by law of the right of priority in dealing with cases of dismissal of all others, without a simultaneous strengthening structures and without any funding. This will inevitably slow down all other trials, including in particular those against the exploitation in the undeclared work, both of citizens and migrant (regular and irregular). In this context, it therefore seems useful to consider alternatives to the judicial procedures and among them in particular the “diffida accertativa” for pecuniary credit accounts (Law no. 124 of 2004) which provides to the inspection service of labour the power to be in favour of the worker, an enforcement against the employer. The novelty, however, was suffocated by the criticism of a part of the first commentators, quite concerned about the protection of employer and rather then employee. This paper proposes a reconstruction of the diffida accertativa in the light of the constitutional protection of Italian work, of the EU fundamental rights of workers, of the ILO decent work which, without sacrificing legal certainty and the right to defence of the employer, it can find an effective tool to ensure a minimum of effective social protection to undeclared workers and to make a exportable model.

The paper, basing on a multidisciplinary literature, considers flexicurity as any balance between flexibility and security and, therefore, proposes ordering any set of work-relationship, providing the same balance and with the same regulatory framework, in “communities”. It is assumed, therefore, that communities can differ either in terms of a “protective” trade-off, where the differential is not a surrogate measure of security, or in terms of an economic trade-off, where it is met by the provision of social insurance or security. One of these sets is called community 0 and it corresponds to undeclared work, not only illegal (e.g. informal), but also completely devoid of security and fully flexible. After identifying from ILO, EU and constitutional sources the foundation of the “incompressibility” of rights which guarantee decent work, the paper likens decent work to a public good of general interest, in the same way as laws generally recognize the natural environment. On the basis of this comparative axiom, the paper proposes considering the dispersion of security produced by undeclared and informal work as “un-decent” work and, therefore, as a form of “pollution”. Because an environment can be little or very polluted, the paper proposes considering as social pollution any form, even legal, of security leakage - such as that induced by the informal, the precarious jobs. Any form of labour relationship is, therefore, considered in an nth community and every community is ordered from the least secure to the most secure, using as tertium comparationis standard employment. In this way, each community expresses a degree of social participation in environmental pollution. Defining this pollution as a negative externality and, therefore, refer to its contrast in terms of internalization. Among the techniques of internalization, the preferred one is the Pigovian tax, because it can overcome the difficulties associated with the identification of taxable income in the undeclared work and in the informal sector. It has been observed, in fact, that the insurance mechanism creates a regressive effect on the competitiveness of labour standards, making it less competitive in favour of precarious and atypical work and, thus, triggering a vicious cycle that increases social pollution. In this way, it is believed that on one hand you lose your interest in hiding most of the black job. On the other hand, a mechanism would be enforced that forces polluters to contribute to the financing of the security needed to address the pollution created.

Alla controversia di impugnazione del licenziamento, il cui ricorso sia stato depositato successivamente all'entrata in vigore della legge n. 92 del 2012, si applica il nuovo rito speciale, ancorché il licenziamento si sia perfezionato in data anteriore e ancorchè sia assoggettato alla tutela obbligatoria. L'inefficacia del licenziamento privo del requisito della forma scritta non comporta l'automatico riconoscimento, in capo al prestatore di lavoro, del diritto alla corresponsione delle retribuzioni non percepite in seguito alla interruzione di fatto del rapporto contrattuale. Poiché non integrano costituzione in mora accipiendi né l'impugnazione del licenziamento con la richiesta stragiudiziale di essere reintegrato, né la domanda giudiziale di condanna all'indennità ex art. 8 della legge n.604 del 1966 quest'ultima domanda deve essere rigettata. La domanda del ricorrente, con riferimento all'accertamento presupposto della natura subordinata del rapporto, volta alla corresponsione delle differenze retributive, deve esser dichiarata inammissibile, atteso che l'art. 1, comma 48 dispone che con il ricorso non possono essere proposte domande diverse da quelle di cui al comma 47 del presente articolo (salvo che siano fondate sugli identici fatti costitutivi).

La nuova formulazione dell'art. 434 c.p.c. impone precisi oneri di forma dell'appello che deve essere redatto quasi come una sentenza e occorrerà: articolare le modifiche che il giudice di appello deve apportare, anche di quelle formulate in via subordinata; indicare espressamente le parti del provvedimento che vuole impugnare (profilo volitivo); suggerire le modifiche che dovrebbero essere apportate al provvedimento con riguardo alla ricostruzione del fatto (profilo argomentativo); specificare il rapporto di causa ad effetto fra la violazione di legge che è denunciata e l'esito della lite (profilo di causalità); individuare il testo di una nuova pronuncia volta a modificare le argomentazioni del giudice di prime cure. Allorché siano contestati in quantum della condanna l'assolvimento dei suddetti precetti ricavabili dall'art. 434 c.p.c. deve altresì estrinsecarsi nella produzione di prospetti contabili alternativi rispetto posti a base della decisione impugnata

The author tackles one of the most controversial aspects of the "Brunetta Reform": the knot of effectiveness in the light of the problems of interpretation and application of the novel discipline. This means an examination of the most famous judicial decisions on the application of Article. 65 of the decree in question. In the paper we analyse also the rules and principles laid down in clarification of the reform: the decree n. 141/2011 and the ministerial circulars of 2011.

Benché il rito previsto dalla legge Fornero non sia facoltativo, non sussistono limiti di ordine legale, nell'ambito dello stesso rito, alla rinuncia alla fase sommaria, attesocchè l'interesse di entrambe le parti del rapporto di lavoro ad una sollecita definizione del processo inerente ai licenziamenti con tutela ex art. 18 st. lav. e quello pubblico alla sollecita definizione di tali processi non viene menomato. Nel caso di rinuncia concorde alla fase sommaria del giudizio introdotto con il nuovo rito dei licenziamenti e di compresenza di domande diverse il giudice deve separare i processi e contestualmente fissare distinte udienze ex art. 420 c.p.c..

L'articolo, prendendo spunto dall'ordinanza del Tribunale di Bologna, analizza criticamente il tema, introdotto dalla novella all'art. 18 st. lav., della differenziazione delle sanzioni contro il licenziamento illegittimo in finzione della ti­pologia di illegittimità. Nell'aderire ai presupposti enunciati nell'ordinanza lo studio propone una propria lettura della no­vellazione avanzando la tesi della modificazione indiretta delle fattispecie giustificatrici. The study, starting from case law Trib. Bologna October 15, 2012 CP v. A., critically addresses interpretation problems posed by the new law of individual dismissal.